PHILADELPHIA – An Austrian company is asking a federal court to enforce a nearly $900,000 final arbitration award against Devon Medical in a dispute over a distribution agreement for the ExtriCare pump medical device.
Niederreiter GmbH Austria filed a petition to confirm foreign arbitral award Oct. 28 in the U.S. District Court for the Eastern District of Pennsylvania against Devon Medical Inc.
According to Niederreiter's petition, the International Court of Arbitration of the International Chamber of Commerce in Vienna, Austria, awarded it $898,591.22 in damages in its dispute with Devon over an exclusive distribution agreement the companies had for the ExtriCare pump, a device used to treat serious wounds.
Niederreiter claims Devon failed to appear at the November 2016 arbitration proceeding which constituted default, according to the petition. Devon allegedly has failed to pay Niederreiter the award, including interest, and was also enjoined from granting any third parties distribution rights for the pump.
Niederreiter seeks monetary relief of $803,451.83 plus interest, $62,132 in arbitration fees and interest and $33,007.39 in attorney's fees and other just relief. It is represented by Daniel McElhatton of The Law Offices of Daniel P. McElhatton PC in Philadelphia and James McCarney of the McCarney Law Firm PC in New York City.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-05039-ER